Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Conditions of eligibility. To receive TANF, the applicant or
recipient shall meet appropriate eligibility conditions and follow the
procedures in this title. The specific eligibility conditions for TANF are in
this part or specified in this chapter:
(1)
Chapter 145 (relating to age).
(2)
Chapter 147 (relating to residence).
(3) Chapter 149 (relating to citizenship and
alienage).
(4) Chapter 151
(relating to specified relatives).
(5) Chapter 153 (relating to deprivation of
support or care).
(6) Chapter 161
(relating to persons in institutions).
(7) Chapter 163 (relating to guardians and
trustees).
(8) Chapter 165
(relating to road to economic self-sufficiency through employment and training
(RESET) program).
(9) Chapter 177
(relating to resources).
(10)
Chapters 125 and 127 (relating to application process; and reserved).
(11) Chapter 255 (relating to
restitution).
(12) Chapter 257
(relating to reimbursement).
(b)
Social Security number
required. A Social Security number is required for family members for
whom assistance is to be granted or is being received. If a Social Security
number is needed and no application has been made, it is the responsibility of
the CAO to complete and submit the SSA5 application form.
(c)
Strikers. Requirements
relating to persons on strike are as follows:
(1) An applicant who is on strike on the last
day of the calendar month preceding the month of application is ineligible for
assistance as follows:
(i) If the person on
strike is the natural or adoptive parent, assistance is denied to the entire
assistance unit during the period of the strike, regardless of whether the
parent is included in the application for assistance.
(ii) If the person on strike is not the
natural or adoptive parent, assistance is denied to that individual only during
the period of the strike. If the person on strike is the only dependent child,
the assistance unit is ineligible for TANF.
(2) A recipient who is on strike on the last
day of the calendar month for which payment has been made to the assistance
unit is ineligible for assistance as follows:
(i) If the person on strike is a natural or
adoptive parent, regardless of whether the parent is included in the assistance
grant, the grant is recovered since the assistance unit is ineligible for TANF
assistance for that month and subsequent months when the caretaker relative is
participating in the strike.
(ii)
If another individual, who is not a natural or adoptive parent is participating
in a strike, that individual's needs are not used for determining the grant
group's need for assistance for that month and shall be recovered. The
individual is not eligible for TANF assistance in subsequent months when the
individual is participating in the strike. If the individual is the only
dependent child of the famiy, the entire grant is recovered as the family is
ineligible for TANF assistance for that month and subsequent months when the
individual is participating in the strike.
(iii) Assistance shall be terminated for the
first payment month whose deadline can be met if it is anticipated that the
strike will continue through the last day of the next calendar month. If the
strike ends during a month in which assistance was not received due to
participation in the strike the corrective payment provision of §
175.23(b)(l)(v)
(relating to requirements) shall be applied.
(d)
Time limits. An eligible
family may receive TANF assistance for a maximum of 60 months subject to the
following conditions and exceptions:
(1) A
family is ineligible for TANF assistance if it includes an adult head of
household or spouse of head of household who has received 60 months of TANF
assistance.
(2) Under this
subsection, a family does not include a specified relative who is not included
in the TANF mandatory filing unit as specified in §
171.21 (relating to policy) and is
seeking TANF assistance only for the minor child.
(3) TANF assistance received as a minor child
does not count towards the 60-month limit except TANF received as a minor child
head of household or as a minor child married to the head of
household.
(4) Periods during which
TANF assistance is received need not be consecutive to count towards the
60-month limit.
(5) Nothing in this
subsection precludes the Department from providing TANF assistance to a family
which does not count towards or may extend beyond the 60-month time
limit.
(6) The following are not
considered TANF "assistance received" in calculating an individual's 60 months
of TANF eligibility:
(i) A period of zero cash
issuance.
(ii) Assistance which has
been fully reimbursed.
(iii)
Assistance repaid due to collection of an overpayment.
(iv) Benefits issued but not received by the
individual and the benefits are not replaced.
(v) A period when an individual or budget
group is under sanction and, as a result, no assistance benefits are
issued.
(vi) An emergency shelter
allowance (ESA) payment.
(vii) A
period of interim benefits received under §
275.4(d)
(relating to procedures) when a final decision has not been handed down by the
Bureau of Hearings and Appeals within the appropriate time limit and the budget
group's appeal is eventually denied.
(7) Nothing in this subsection will be
interpreted as requiring the Department to provide or continue to provide TANF
assistance which does not count toward or may extend beyond the 60-month
limit.
(8) Time-out benefits
provided under Chapter 281 (relating to time-out benefits) are not counted
towards the 60-month time limit.
The provisions of this §141.41 amended under sections
201(2), 403(b), 432 and 432.12 of the Public Welfare Code (62 P. S.
§§
201(2),
403(b), 432 and 432.12); the
Support Law (62 P. S. §§ 1971-1977); Titles I and III of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No.
104-193) (PRWORA), creating the Temporary
Assistance for Needy Families (TANF) Program, and amending
42 U.S.C.A. §§
601-619,
651-669(b) and
1396u-1; and the Federal
TANF regulations in 45 CFR
260.10-265.10.
This section cited in 55 Pa. Code §
108.9 (relating to time limits);
55 Pa. Code §
141.21 (relating to policy); 55
Pa. Code §
141.42 (relating to definitions);
55 Pa. Code §
141.71 (relating to policy); and
55 Pa. Code §
281.1 (relating to
policy).
